Charges against ex-doctor dismissed

A Tuscaloosa judge has dismissed criminal charges against a former doctor accused of over-prescribing painkillers.

James Fullerton Hooper, 70, was charged with five counts of trafficking opium and five counts of distribution of a controlled substance in June 2016.

The Tuscaloosa County District Attorney's Office asked that the cases be dismissed after Hooper's attorney presented case law stating a physician cannot be charged under the state's drug trafficking and distribution laws for writing prescriptions. Tuscaloosa County Circuit Court Judge Al May dismissed the charges late Wednesday afternoon.

"It is sad that the law is clear that a doctor cannot be charged like this for writing prescriptions for his patients, and it has been clear for years," said defense attorney Joel Sogol, who represented Hooper. "If the DA's office doesn't know the law perhaps someone should have done some research -- it was not hard to find the cases. They never should have let this happen. He surrendered his license and has been unable to work since the indictment. Doesn't seem fair, does it?"

The District Attorney's Office filed the motion to dismiss the case late Wednesday, a day before a hearing was scheduled in the case.

"Our motion to dismiss was based on the mandate of state law," said District Attorney Hays Webb, who was not yet in office when Hooper was charged.

He said that his office has spoken with family members of one of Hooper's patients who overdosed on prescription medication, to explain the law. He said he encouraged the family to contact legislators if they feel strongly that the law should be changed.

Webb said that he has had discussions within his office about pushing for a change to the legislation, as part of their efforts to work with the recovery and prevention community to highlight the dangers of prescription drug abuse.

"If you have doctors who over-prescribe medication, they should be able to be prosecuted," he said, noting that he was not referring to Hooper as someone who over-prescribed medication. "No matter how egregious the conduct, according to case law within this state, you cannot properly prosecute a physician for any amount of prescription or over-prescription of drugs."